Link Financial have done a mass mailing of Default Notices re: assigned accounts.

[AA99]

There is no standard letter to send to your MP or Kate Hoey MP;

an individuals own story about Link Financial's Bad Business Practices speaks volumes in itself.

However, I would advise that you mention that many consumers have already complained to the OFT, resulting in the OFT imposing requirements upon,

Link Financial Limited.

 

AC

 

Hear, hear AC:) ds66, I would be outraged if I were you, take it to the top, we're right behind you:evil:

[angry cat]

Funny you should say that WM09 - I'm not a fan of IVA's either now - We saw the Debtmatters advert on TV debt free in 5 Years and saw this as the lifeline to get us out of the misery we were in. On went the blinkers

 

However and this will teach us to read the small, if not smaller print that after 4 years we have to look to remortgage our home!! Didn't bloody well know that! Was never told either during the set up of the IVA. Once we were in it that's when the bombshell landed. Don't mention it in the TV advert either!

 

Ignorance is no defence but anyone here contemplating an IVA make sure you know what you are getting into.

 

ds66,

this is turning out to be a most serious matter indeed;

makes my blood BOIL:

DebtMatters Ltd

 

Misleading the vulnerable general consumer...GRRRRRRRRRR!

 

AC

[angry cat]

Credit Today online

[angry cat]

The Welsh TV Prog: Y BYD AR BEDWAR made an investigation into;

debtmetters Limited in 2007:

 

Debt 29.07.08

 

More than 13 million people in the UK are in debt, and as the credit crunch bites many turn to debt management companies to discover a way out.

 

:

Tonight Y Byd ar Bedwar investigates complaints that one company, Debt Matters, is taking advantage of people’s misfortune, and that for some the financial predicament can go from bad to worse."

 

Definite grounds here for you to throw, all your toys out of the cot ds66!

 

Not only do Link Financial buy securitised student loans, it would appear that they have bought back book IVA's...What a Scandal.

 

Making noney out of peoples misfortunes;

no doubt more misery will be uncovered.

 

PARASITES,

 

AC

[angry cat]

The Office of Fair Trading: OFT warns IVA providers over misleading adverts

[angry cat]

A veritable CESSPIT and trading in peoples misery:

 

Harrington Brooks acquires DebtMatters' back books - Crain's Manchester Business

 

enter LINK FINANCIAL!

 

AC

[AA99]

A veritable CESSPIT and trading in peoples misery:

 

Harrington Brooks acquires DebtMatters' back books - Crain's Manchester Business

 

enter LINK FINANCIAL!

 

AC

 

And the CEO is Matthew CHEETHAM, should be Cheet 'em:mad:

[WelshMam2009]

I believe the time will come when people will start to challenge the mis-selling of IVA's in much the the same manner as endowment policies and PPI...

[angry cat]

The time has arrived Welshmam!

 

AC

[angry cat]

IMHO, this is a most serious matter, misleading vulnerable consumers to enter into an IVA!

Misleading Advertisements:

 

The Office of Fair Trading: What is a misleading advertisement?

 

And, when did Link Financial come into the frame?

 

AC

[ds66]

Hi to all here is my nightly installment.

 

I have looked at the paperwork today. as a point of interest before I start Debtmatters sold our IVA to a company called Unique Business Finance Ltd.

 

Here goes:

 

We had a loan with Northern Rock that is included in our IVA. This is the debt that Link Financial say that they have purchased. Are Northern Rock legally allowed to sell a debt that is part of an IVA? If so and Link Financial have purchased the debt should the monthly installment be reduced or the amount that was going to Northern Rock now be going to Link Financial?

 

I also note on the letter that Link sent in reply to my request under section 77/78 that they state " We would also advise you this account has already been enforced by way of a legal charge against your property"

 

However today, I have purchased from Land registry a copy of the title deeds which does not show any such order. Am I right in thinking that Link Financial are either:

 

A) A bunch of lying fools

B) Clutching at straws

C) Scaremongering

D) In breach of any law by making such a comment in writing

E) ALL OF THE ABOVE

Edited September 7, 2009 by ds66

[angry cat]

Firstly, it appears that you were totally misled when you entered into the IVA.

 

by debtmatters: issue 2009:

In very simple terms, An IVA allows you to payback what you can realistically afford over a fixed period of time, usually 5 years, with any sums you can’t afford to repay being legally written off. During your IVA you are legally protected from your creditors, who cannot add interest and charges to your account.

 

Creditors are legally bound by the IVA, they cannot take recovery action against you."

 

Link Financial are certainly;

A, B, C, D & E.

 

If, I were you I would make a formal complaint to the OFT about Link and the misleading advertising by debtmatters.

 

Shout to the rooftops and pull in your MP and Kate Hoey MP.

 

Debtmatters passed the buck to Unique Business Finance who in turn have sold the debt to Link.

 

Appalling!

 

AC

[ds66]

In addition I am close to sending Link the 12+2 letter saying they have not met their obligations to send me all details of the CCA.

 

Here is a little snippet I have written into it. I really am going to get my teeth stuck into this lot!! OFT and Kate here I come!!

 

I also note from your letter dated 02/09/09 that you state that “the account has already been enforced by way of a legal charge against the property”. Having purchased a copy of the title deeds to my property recently I see no information regarding your claim of such a charge. I insist that you furnish me with copies of all original documentation including court summons, your application paperwork relating to the charge being put on and the letter you will have in your possession stating that such a charge has been implemented. Failure to comply with this request in entirety will result in legal action against you for false and misleading information that is paramount to scare tactics and bullying.

[citizenB]

Hi to all here is my nightly installment.

 

I have looked at the paperwork today. as a point of interest before I start Debtmatters sold our IVA to a company called Unique Business Finance Ltd.

 

Here goes:

 

We had a loan with Northern Rock that is included in our IVA. This is the debt that Link Financial say that they have purchased. Are Northern Rock legally allowed to sell a debt that is part of an IVA? If so and Link Financial have purchased the debt should the monthly installment be reduced or the amount that was going to Northern Rock now be going to Link Financial?

 

I also note on the letter that Link sent in reply to my request under section 77/78 that they state " We would also advise you this account has already been enforced by way of a legal charge against your property"

 

However today, I have purchased from Land registry a copy of the title deeds which does not show any such order. Am I right in thinking that Link Financial are either:

 

A) A bunch of lying fools

B) Clutching at straws

C) Scaremongering

D) In breach of any law by making such a comment in writing

E) ALL OF THE ABOVE

 

 

 

this is taken from the OFT debt collection guidelines

 

 

It breaches the OFT debt collection guidelines in my opinion.

 

“2.4 Examples of unfair practices are as follows:

a. falsely implying or claiming authority, for example, claiming to work on

instructions from the courts, claiming to be bailiffs or, in Scotland,

sheriff officers or messenger-at-arms

 

b. falsely implying or stating that action can or will be taken when it legally

cannot, for example, referring to bankruptcy or sequestration proceedings

when the balance is too low to qualify for such proceedings or claiming a

right of entry when no court order to this effect has been granted

 

d. falsely implying or stating that action has been taken when it has not, for

example, that civil action has been taken or that a court judgment has

already been obtained”

 

 

 

 

 

 

I would say they have breached "d"

[ds66]

Citizen B What a bombshell Thank you for that great research.

 

This forum is the dogs boll**ks!!

[angry cat]

Go for them ds66!

 

Link Financial continue to breach the OFT guidelines and:

 

The General Consumer, will not put up with their Unfair Business Practices.

 

At the end of the day, you either give in or, FIGHT Back!

 

Make sure that you send of your complaint(s) to the OFT.

 

AC

x

[sailor sam]

I've read a lot on here about Link so i'm thinking of sending them the following letter. can anyone give it the once over and give me an oppinion please?

 

Link Finance

PO Box 30095

LONDON

SE1 7WU

 

Your ref: xxxxx

Agreement: xxxxxxxxx

 

WITHOUT PREJUDICE

 

Dear Sir/Madam,

 

ACCOUNT IN DISPUTE

I am aware you are attempting to contact me by telephone despite my previous letter dated 27th June 2009.

 

During a recent telephone conversation I indicated to your operative that I was intending to again take specialist advice in whether the debt you are attempting to collect has been correctly passed to your company and as such, if you are legitimately entitled to pursue the same. I further indicated that I had not fully investigated further advice due to other situations I am involved which are more serious, being a long running legal case involving my 5 year old son.

 

However, due to your persistence I have now taken some further initial advice in this matter and it seems to suggest that you should have provided me with a Consumer Credit Agreement (CCA) within 12 days of taking over the account from the original creditor. You should also be aware that the original creditor; GE Capital Woodchester were in breach of the CCA by attempting to recover the item to which the agreement relates without a court order. They further ignored proposals from me to rectify the situation and did not notify me of them passing the account to a third party.

 

This letter therefore is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee plus all monies which have been paid to you by me which were paid to you under duress and by way of the misapprehension that you were entitled to these payments.

 

Please not that I am only prepared to deal with this matter by way of written correspondence.

 

 

 

 

Yours faithfully,

 

I sent the above on 22nd august 2009 by first class recorded delivery and to date, it has'nt been signed for. Royal Mail have said that there is on-going industrial action in the London area which may be the reason although companies which receive a large amount of recorded delivery mail, may sign for a batch rather than individually so it may of arrived. Obviously I suppose I should have sent it special delivery but would that of made a difference?

 

In the meantime, Link have not responded but have attempted to contact me twice by telephone although I did not accepte the calls. Fortunately, they only have my mobile number!

 

I will keep you posted.

[angry cat]

In future send letters to Link's registered address and not to the PO Box Number:

 

Link Financial Limited

Camelford House

89 Albert Embankment

London

SE1 7TP

 

AC

[citizenB]

Sam, there is no harm in sending the letter again.. I see no reason why you shouldnt use Recorded delivery again.

 

This time though use the address that AC has posted up.

[Kraken1]

and I'd question the point of the without prejudice title. I'd lose that.

[angry cat]

I sent the above on 22nd august 2009 by first class recorded delivery and to date, it has'nt been signed for. Royal Mail have said that there is on-going industrial action in the London area which may be the reason although companies which receive a large amount of recorded delivery mail, may sign for a batch rather than individually so it may of arrived. Obviously I suppose I should have sent it special delivery but would that of made a difference?

 

In the meantime, Link have not responded but have attempted to contact me twice by telephone although I did not accepte the calls. Fortunately, they only have my mobile number!

 

I will keep you posted.

 

sailor sam,

 

send your letter again by Royal Mail Recorded Delivery Post to:

 

Mrs J Pearcey

Link Financial Limited

Camelford House

89 Albert Embankment

London

SE1 7TP

 

Omit the "Without Prejudice", if you wish to be able to present your letter in Court, as evidence, to any to any District judge, in the future.

 

Agree, Kraken...at times we do agree then.

 

AC

[angry cat]

The Charmers at Link Financial!:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/59949-link-financial-mbna-getting-9.html

 

AC

[sailor sam]

Thanks all! I'm trying to find out if the cheque has been cashed! That will give me some idea if its been received innit.

[AA99]

Just about to update my thread. Link seem to have given up with me and keep getting weekly offers and threats from HL Legal now

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/161277-aa99-ge-money-car.html

[angry cat]

ERR, I thought LINK stated that they had bought the alleged debt!

 

Hmm, now they want to pass the Lemon on to HL Legal;

 

clearly, they did not have an absolute assignment then.

 

Link are Chancers.

 

AC